Can I sue for Falling Merchandise from Store Shelves

Every year thousands of cases of falling merchandise from store shelves result in severe injuries to store patrons. Falling merchandise resulting in significant injury can take place in any type of store from big box retailers such as Home Depot, Wal-Mart, and Target, to shopping malls, supermarket grocery stores, and furniture stores such as IKEA. Under premises liability laws store owners and operators owe shoppers a heightened level of care including the proper and safe placement of goods on store shelves in order to reduce the risk of grave bodily injury. Below is information regarding store liability for falling merchandise from store shelves. If you have any further legal questions feel free to contact our law offices to speak with one of our attorneys. All legal consultations are free of charge and confidential.

Proving Your Case in the Court of Law

The vast majority of falling merchandise cases fall under the personal injury legal doctrine of negligence. There are several elements which need to be proven in a negligence personal injury cause of action. 1. The defendant owed a duty to the plaintiff – Store owners and operators including property owners owe the highest duty of care to individuals who are on their property for a commercial purpose i.e. shoppers. 2. The defendant breached the duty owed to the injured party – The store failed to properly secure the merchandize on its shelves or improperly placed the merchandise thus substantially increasing the risk of falling goods. 4. The breach of the duty was the cause of the accident. 5. The accident resulted in injury to the plaintiff.

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Compensation Owed – Victims Rights to File a Lawsuit

• Victims of injuries due to the negligent or intentional conduct of others are entitled to full and just compensation including
• Recovery for all medical expenses and rehabilitation care
• Lost wages and loss of future income
• Pain and suffering including emotional distress and PTSD

Statute of Limitations: The time period a victims has to file a claim in the court of law is predicated on the jurisdiction where the case will be tried. For example in the state of California personal injury civil lawsuits must be filed within 2 years from the date of the incident. Failure to file a claim within the legally allotted time period will eliminated a victims right to recovery under the law. Further Information: Falling Merchandise Lawsuit Premises Liability Laws